ADMINISTRATIVE PROCEDURES
FOR ELECTRONIC CASE FILING
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Effective May 2005
June 7, 2018
Administrative Procedures for Electronic Case Filing
TABLE OF CONTENTS
INTRODUCTION ...........................................................................................................................4
1. Definitions and Standards ....................................................................................................5
1.1 CM/ECF .................................................................................................................. 5
1.2 Traditionally Filed Document ................................................................................. 5
1.3 Electronic Document .............................................................................................. 5
1.4 Electronic Filing...................................................................................................... 5
1.5 Electronic File ......................................................................................................... 5
1.6 Filing User .............................................................................................................. 5
1.7 Portable Document Format ..................................................................................... 6
1.8 Notice of Electronic Filing (NEF) .......................................................................... 6
2. Scope of Electronic Filing ...................................................................................................6
3. Special Filing Requirements and/or Exceptions from Mandatory Electronic Filing ...........6
3.1 Documents Traditionally Filed ............................................................................... 6
3.1.1 Parties proceeding pro se. ....................................................................................... 7
3.2 Documents Filed on Paper and Scanned ................................................................. 8
4. Pro Se Cases ........................................................................................................................8
5. Social Security Cases ...........................................................................................................9
6. E-File Registration ...............................................................................................................9
6.1 Obtaining Filing Privileges ..................................................................................... 9
6.2 Change of Information .......................................................................................... 10
7. Filing ..................................................................................................................................10
7.1 General .................................................................................................................. 10
7.2 Filer Required to Maintain Certain Documents .................................................... 11
8. Commencement of a Civil Action .....................................................................................11
8.1 General .................................................................................................................. 11
8.2 Original Complaint ............................................................................................... 12
8.3 Notice of Removal ................................................................................................ 12
8.4 Clerk=s Office Follow-Up ..................................................................................... 12
9. Service................................................................................................................................12
9.1 Service of Process ................................................................................................. 12
9.2 Summons in a Civil Case ...................................................................................... 12
9.3 Service of Other Electronically Filed Documents ................................................ 13
9.4 Certificate of Service ............................................................................................ 13
9.5 Service on Parties Not Registered for ECF........................................................... 13
9.6 Time to Respond Under Electronic Service or Otherwise .................................... 14
9.7 Service of Sealed Filing ........................................................................................ 14
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Administrative Procedures for Electronic Case Filing
9.8 E-mail Notices to Attorneys.................................................................................. 14
9.9 E-mails with Notices of Electronic Filing Returned to the Court......................... 14
10. Motion Practice ..................................................................................................................15
10.1 Submission of Motions and Responses as Separate Documents .......................... 15
10.2 Filing a Memorandum or Brief ............................................................................. 15
10.3 Attachments and Exhibits ..................................................................................... 15
11. Proposed Amended Pleadings and Documents..................................................................15
11.1 Proposed Amended Pleadings............................................................................... 15
11.2 Proposed Jury Instructions, Proposed Jury Verdicts, Proposed Special
Interrogatories to the Jury and Proposed Voir Dire Questions ............................. 16
11.3 Proposed Bill of Costs .......................................................................................... 16
12. Sealed Documents, Sealed Cases and Documents Presented Ex Parte or for In Camera
Review ...............................................................................................................................16
12.1 General .................................................................................................................. 16
12.2 Electronic Filing of Sealed Documents and Access ............................................. 16
12.3 Paper Copy Requirement ...................................................................................... 17
12.4 Reference List Under E-Government Act of 2002 ............................................... 17
12.5 Sealed Cases.......................................................................................................... 17
12.6 Sealed Document Filing in Public Cases .............................................................. 17
12.6.1 Motion to Seal - General ....................................................................................... 17
12.6.2 Response or Reply to Motion to Seal ................................................................... 18
12.6.3 Ex Parte Sealed Motion or Motion to Seal In Camera ......................................... 18
12.6.4 Service of Sealed Documents ............................................................................... 18
12.6.5 Proposed Order to Seal ......................................................................................... 19
12.6.6 Motion to Seal Granted ......................................................................................... 19
12.6.7 Motion to Seal Denied .......................................................................................... 19
13. Discovery ...........................................................................................................................19
14. Documents and Other Filings ............................................................................................20
14.1 Consents to Proceed Before a United States Magistrate Judge ............................ 20
14.2 Large Documents .................................................................................................. 20
14.2.1 Size ........................................................................................................................ 20
14.2.2 Large Documents to be Broken into Separate Parts ............................................. 20
14.3 Color Documents .................................................................................................. 20
14.4 Papers Containing Advertisements ....................................................................... 21
14.5 Legibility ............................................................................................................... 21
14.6 Document Retention ............................................................................................. 21
14.7 Copies for Judge=s Chambers ................................................................................ 21
14.8 Petitions for Writs of Habeas Corpus ad Prosequendum or ad Testificandum.... 21
14.9 Materials that Cannot be Converted to PDF Within ECF..................................... 21
15. Signatures...........................................................................................................................25
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Administrative Procedures for Electronic Case Filing
15.1 Attorney Signatures .............................................................................................. 25
15.2 Visiting Attorney/Local Attorney Signatures ....................................................... 26
15.3 Non-Attorney Signatures ...................................................................................... 26
15.4 Multiple Signatures ............................................................................................... 26
15.5 Authenticity Disputes............................................................................................ 27
16. Fees Payable to the Clerk ...................................................................................................28
17. Orders .................................................................................................................................28
17.1 Entry of Orders – General ..................................................................................... 28
17.2 Proposed Orders .................................................................................................... 28
18. Correcting Docket Entries..................................................................................................29
19. Technical Failures ..............................................................................................................29
19.1 Technical Failure of the CM/ECF System ............................................................ 29
19.2 Technical Failures of the Filing User=s System .................................................... 30
20. Public Access and Privacy Concerns .................................................................................30
20.1 Privacy Protection for Filings Made With the Court ............................................ 30
20.2 Exemptions from the Redaction Requirement. ..................................................... 31
20.3 Privacy Recommendations.................................................................................... 31
20.4 Limitations on Remote Access to Electronic Files; Social Security Appeals and
Immigration Cases. ............................................................................................... 32
20.5 Filings Made Under Seal. ..................................................................................... 32
20.6 Protective Orders. ................................................................................................. 32
20.7 Option for Additional Unredacted Filing Under Seal. .......................................... 33
20.8 Option for Filing a Reference List. ....................................................................... 33
20.9 Waiver of Protection of Identifiers. ...................................................................... 33
20.10 Privacy - Judicial Conference Policy ...................................................................... 33
21. Public Access to the CM/ECF Docket ...............................................................................33
21.1 Public Access at the Court .................................................................................... 33
21.2 Internet Access ...................................................................................................... 34
21.3 Conventional and Certified Copies ....................................................................... 34
22. Hyperlinks ..........................................................................................................................34
23. Document History ..............................................................................................................34
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Administrative Procedures for Electronic Case Filing
INTRODUCTION
To the extent that these Administrative Procedures conflict with the court’s existing Local
Rules, these Administrative Procedures for Electronic Case Filing take precedence. Further, the
court or clerk may deviate from these Administrative Procedures in specific cases, without prior
notice, if deemed appropriate in the exercise of discretion, considering the need for the just, speedy
and inexpensive determination of matters pending before the court. The court may also amend
these Administrative Procedures at any time without prior notice. Updates to these Administrative
Procedures will be immediately posted to the court’s web page at www.wvsd.uscourts.gov.
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1. Definitions and Standards
1.1 CM/ECF refers to Case Management/Electronic Case Filing. This is the docketing
and filing system used by the judiciary and by this court.
1.2 Traditionally Filed Document means a document or pleading presented to the
court for filing in paper or other non-electronic, tangible format.
1.3 Electronic Document is an electronic version of information otherwise filed in
paper form.
1.3.1 An electronic document has the same legal effect as a paper document.
1.3.2 An electronic document is considered timely if received by the court before
midnight, local prevailing time/Eastern Time, on the date set as a deadline,
unless the judge specifically requires another time frame. If time of day is
of the essence, the assigned judge will order the document filed by a time
certain.
1.4 Electronic Filing is the electronic transmission of a PDF (portable document
format) by uploading the document directly from the filing user=s computer into the
electronic file via CM/ECF.
1.5 Electronic File is the official court record maintained electronically on the court’s
servers.
1.5.1 The Clerk=s Office shall not maintain a paper court file in any case
commenced after the effective date of these procedures except as otherwise
provided in these procedures.
1.5.2 The official record shall include, however, any conventional documents or
exhibits that cannot be electronically filed in accordance with these
procedures.
1.5.3 In criminal cases, the Clerk=s Office will retain all original indictments and
other charging instruments, plea agreements, executed pleas of guilty, and
jury verdict forms after they have been scanned and uploaded to ECF. The
electronic file, however, shall constitute the official record in the case.
1.6 Filing User is an individual who has a court-issued login and password to file
documents electronically.
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1.7 Portable Document Format or PDF is a type of document formatting which
allows a document to be transmitted electronically without changing the
document=s appearance or layout. Anyone with a PDF reader may view the
document, regardless of operating system, original design application or fonts.
1.7.1 A PDF Text document is a document converted from a word processing
program directly into PDF format without the use of a scanner. A PDF Text
document is the preferred document for filing because it is considerably
smaller than a scanned document and is text searchable.
1.7.2 A PDF scanned document is a document converted to PDF by means of a
document scanner. When scanning documents to be subsequently filed
electronically, filing parties must configure their scanners at 300 ppi or
higher. The filing party is responsible for the legibility of the scanned
image. Scanning a document to PDF creates a file larger than a PDF text
document and does not allow for text searches within the document. Note:
Do not use a scanner’s OCR setting as this can alter the scanned document.
1.7.3 Avoid scanning when possible. Use the Insert Pages function of Adobe
Acrobat to combine scanned and unscanned PDF files into a single PDF
whenever possible; e.g., when only the last page of a document contains an
ink signature.)
1.8 Notice of Electronic Filing (NEF) is an e-mail verification generated by the
CM/ECF system of the court’s receipt of the electronic document, as well as the
official notice of the filing to all other parties. The Notice includes the text of the
docket entry, as well as a link to the filed document(s).
2. Scope of Electronic Filing
Subject to the exceptions set forth herein, effective May 1, 2006, all documents shall be
filed electronically no matter when the case, civil or criminal, was originally filed.
3. Special Filing Requirements and/or Exceptions from Mandatory Electronic Filing
3.1 Documents Traditionally Filed
The following matters or documents shall not be filed electronically, but must be
filed in the traditional manner or as otherwise directed:
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3.1.1 Parties proceeding pro se.
3.1.1.1 Incarcerated pro se filers are not permitted to file electronically.
They must file in the traditional manner.
3.1.1.2 Non-prisoner pro se filers may be permitted to file electronically
only when permission of the court has been requested, and the
court has granted such request by Order. If, during the course of
the action, the non-prisoner pro se filer retains an attorney, the
clerk shall terminate that person=s registration upon the attorney=s
appearance.
3.1.2 Pre-indictment grand jury matters that are assigned miscellaneous action
numbers by the clerk, e.g., Notices of Disclosure of Grand Jury materials in
criminal investigations; applications for wiretaps; pen registers, or trap and
trace; beeper applications for mobile tracking devices; applications under
18 U.S.C. ' 2703, requiring production of certain records and precluding
notice; and applications for ex parte orders to disclose returns and return
information; as well as warrants, must be filed in the traditional manner.
3.1.3 Civil cases commenced under seal pursuant to statute (e.g., qui tam matters
under the Federal Civil False Claims Act; refer to 31 U.S.C. '' 3729-32 for
more information) or sealed pursuant to Order shall be filed in accordance
with Section 12 of these Procedures.
3.1. 4 State court records may be filed on CD-ROM, or other method approved
by the clerk in advance, containing the records in PDF, if not filed
electronically via CM/ECF.
3.1. 5 In accordance with the Local Rules of Procedure, parties shall not file
discovery. However, discovery materials to be used in support of any
motion, e.g., a motion to compel or for summary judgment, shall be filed
electronically with the court as an attachment to the motion.
3.1.6 Some pleadings and papers require that additional parties to an action be
added to the CM/ECF database before the registered attorney can
electronically file a document. The filing party must provide the Clerk’s
Office with the case number and the complete name of the additional party
as it will appear on the document to be filed at the following e-mail address:
[email protected]
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Examples of pleadings that may add parties include:
Motion to Intervene
Motion to File Amicus Curiae Brief
Amended Complaints
Third Party Complaints
Answer by Underinsured Motorist
The Clerk’s Office will notify the registered attorney via e-mail when the new party has been
added to the CM/ECF database so that the document may be electronically filed in the appropriate
case.
3.1.7 Materials that cannot be converted to PDF (e.g., videotape, audiotape, etc.)
may be filed by delivering them directly to the Clerk=s Office and following
Section 14.9 of these Procedures.
3.1.8 Such other documents as the presiding judge may permit upon prior motion
for good cause shown.
3.2 Documents Filed on Paper and Scanned
The following documents may be filed on paper and will be scanned into CM/ECF
by the Clerk=s Office:
3.2.1 The charging document in a criminal case, such as the complaint,
indictment, or information.
3.2.2 Affidavits for search and arrest warrants and related papers.
3.2.3 Fed. R. Crim. P. 20 and Fed. R. Crim. P. 40 papers received from another
court that are not transmitted electronically.
3.2.4 Any pleading or document in a criminal case containing the signature of a
defendant, such as a bond, conditions of release, waiver of indictment or
plea agreement, etc.
3.2.5 Petitions for violations of supervised release.
4. Pro Se Cases
Electronic filers in pro se cases must file all documents electronically, but must serve a
copy of the documents on the non-electronic pro se parties by traditional means.
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5. Social Security Cases
A plaintiff shall file a complaint to initiate an action to seek review of a final decision of
the Commissioner pursuant to 42 U.S.C. ' 405(g) by completing and filing the form
“Complaint for Review of the Decision of the Commissioner of Social Security” posted on
this court’s web site at www.wvsd.uscourts.gov.
In Social Security cases, Internet access to the complete file, including the administrative
transcript, is available to counsel of record. Any other person may have electronic access
to the full record at the public terminal in the Clerk=s Office. Remote access by anyone
other than counsel of record is limited to the docket sheet, any opinion, order, judgment or
other disposition of the court, or any report and recommendation classified by the court as
an opinion for the purposes of the E-Government Act of 2002, or that is adopted by an
order that is classified as an opinion.
Absent a showing of good cause, all documents, notices, Consents to Proceed before the
United States Magistrate Judge, briefs, administrative records and orders in Social Security
reviews filed in the District Court shall be filed and noticed electronically. The
administrative record in Social Security cases must be filed in PDF by counsel using the
event, Social Security Transcript or Social Security Transcript – Supplemental.
However, counsel for the defendant must provide a paper copy of the Social Security
transcript to the United States Magistrate Judge to whom the case is assigned or referred
and to counsel for plaintiff.
6. E-File Registration
6.1 Obtaining Filing Privileges
Each attorney admitted to practice in the Southern District of West Virginia,
including those admitted pro hac vice, must request filing privileges through the
PACER Service Center at www. pacer.gov. Before being granted filing privileges
the attorney must successfully complete on-line or court-conducted training or
attest that s/he has used CM/ECF in another U. S. District Court for a period of at
least six months. Once filing privileges have been granted the attorney is permitted
to participate in the electronic retrieval and filing of pleadings and other papers.
Users are subject to applicable PACER service fees.
6.1.1 No attorney shall knowingly permit or cause to permit his or her login and
password to be used by anyone other than an authorized employee of his or
her office.
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6.1.2 The attorney shall be responsible for all documents filed with his or her
password.
6.1.3 An attorney shall use his or her PACER credentials to file documents in
cases in which he or she is counsel of record. Each document must bear the
electronic signature or traditional signature of the attorney under whose
PACER credentials the document is being filed.
6.1.4 The court will grant e-filing privileges only to attorneys in good standing.
To be in good standing, an attorney must meet the requirements within the
Local Rules governing admission. The Court shall revoke a registered
attorney’s e-filing privileges if the attorney fails to maintain active status as
a member of the Bar of the Court or is suspended for disciplinary reasons.
6.1.5 In the event that an attorney who has been granted e-filing privileges has
forgotten a password, then the attorney must contact the PACER Service
Center at www.pacer.gov. Clerk’s Office personnel cannot reset CM/ECF
passwords.
6.2 Change of Information
An attorney whose e-mail address, mailing address, telephone or fax number has
changed from that maintained by the PACER Service Center must: 1) update the
information through PACER; and 2) timely file a Notice of Change of Attorney
Information form available on the court’s web site at www.wvsd.uscourts.gov in
all cases affected by the attorney=s move.
7. Filing
7.1 General
Electronic transmission of a PDF document to CM/ECF in accordance with these
Administrative Procedures, together with the transmission of a Notice of Electronic
Filing from the court, constitutes filing of the document for all purposes of the
Federal Rules of Civil Procedure, the Federal Rules of Criminal Procedure and the
Local Rules of this court and constitutes the entry of the document on the docket
kept by the Clerk=s Office under Rules 58 and 79 of the Federal Rules of Civil
Procedure and Rules 32, 49 and 55 of the Federal Rules of Criminal Procedure.
E-mailing or faxing a document to the Clerk=s Office shall not constitute “filing” of
the document.
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7.2 Filer Required to Maintain Certain Documents
Documents (a) that are electronically filed and (b) that require signatures, other than
or in addition to that of the filers (e.g., affidavits), must be maintained in paper form
by the filer until two (2) years after all time periods for appeal expire and all appeals
are final. At the request of the court, the filer must provide the documents for
review.
8. Commencement of a Civil Action
A filing user may file a complaint, petition, notice of removal and other initiating
documents by logging into the ECF system, selecting Civil on the main menu bar, and
filing their documents into a “shell” case as fully set forth in the Electronic Case Filing
User Manual.
8.1 General
The date the filing user completes the transaction to enter the initiating documents
in the ECF system, as displayed on the resulting Notice of Electronic Filing, shall
constitute the official filing date on the docket sheet for the record of that civil
action. Filing users will not associate themselves as counsel in the “shell” case.
With the exception of the complaint and notice of removal, all documents
associated with a new case will be filed as attachments to the filing entry in the
“shell” case.
Filing users are required to pay the filing fee through Pay.gov, except for:
< Cases in which the plaintiff seeks to proceed without prepayment of fees,
thus the initiating documents must include a motion or application to
proceed without prepayment of fees with an affidavit of the plaintiff in
support thereof, and a proposed order granting the motion;
< Cases filed by a seaman pursuant to 28 U.S.C. ' 1916, in which case there
is no prepayment of fees; and
< Cases initiated by the United States of America or any of its agencies.
The filing fee is not a matter of form required by Rule, but a statutory requirement.
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8.2 Original Complaint
When filing an original complaint, the filing user will select the event “Complaint
with Civil Cover Sheet Attached” from the CV– Complaints and Other Initiating
Documents category. Documents to be filed as attachments to the complaint and
civil cover sheet include the proposed summons form(s) and, where appropriate, a
motion, affidavit and proposed order allowing the plaintiff to proceed without
prepayment of fees.
8.3 Notice of Removal
When filing a notice of removal, the filing user will select the event “Notice of
Removal with Civil Cover Sheet Attached” from the CV – Complaints and Other
Initiating Documents category. Documents to be attached to the notice of removal
include the civil cover sheet, all state court papers, the state court docket sheet, and,
when appropriate, the answer to the complaint. If the removing party seeks to
proceed without prepayment of fees, attachments should also include a motion,
affidavit and proposed order allowing the plaintiff to proceed without prepayment
of fees.
8.4 Clerk=s Office Follow-Up
After a filing user has completed the transaction for opening a new civil case, the
Clerk=s Office will complete the full case opening process, including assignment of
a civil action number, assignment to a judge, and uploading the case documents
into the ECF system. If applicable, the Clerk=s Office will print and process the
summons as stated in Section 9.2.2 of these Procedures.
9. Service
9.1 Service of Process
Rule 5(b) of the Federal Rules of Civil Procedure does not permit electronic service
of process for purposes of obtaining personal jurisdiction. Therefore, service of
process must be in compliance with Fed. R. Civ. P. 4.
9.2 Summons in a Civil Case
9.2.1 The party requesting the summons must prepare the summons form for each
defendant. Each summons shall include the full style of the case from the
complaint or petition.
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9.2.2 The party may: (1) attach the proposed summons as an attachment to the
complaint when filing a new civil action in the shell case established by this
District to open new cases; or (2) using the proper Summons Submitted
(Proposed) event in ECF after the case has been opened.
9.2.3 The Court will issue a signed and sealed summons and return to the
requesting party via ECF through a Notice of Electronic Filing. The
requesting party will be responsible for making sufficient copies of the
summons and complaint for service as provided in Fed. R. Civ. P. 4.
9.3 Service of Other Electronically Filed Documents
When a document is filed electronically in accordance with these Administrative
Procedures, CM/ECF shall generate and transmit a “Notice of Electronic Filing” to
the filing attorney, any other attorney who is a filing user, and any person who has
requested electronic notice in that case. A document filed electronically shall be
deemed filed at the time and date stated on the Notice of Electronic Filing.
Registration as a participant in ECF shall constitute consent to electronic service of
all documents in accordance with the Federal Rules of Civil and Criminal
Procedure. If the recipient is a filing user, or has registered to be served via Notice
of Electronic Filing (NEF), CM/ECF=s e-mailing of the NEF shall constitute service
of the pleading or other paper and shall be deemed to satisfy the requirements of
Fed. R. Civ. P. 5(b)(2), Fed. R. Civ. P. 77(d), and Fed. R. Crim. P. 49(b).
9.4 Certificate of Service
A certificate of service shall be made part of the main document in ECF unless it is
the certificate of service for discovery documents or Rule 26 disclosures. The
certificate of service for discovery documents is filed without the discovery
document itself pursuant to L. R. Civ. P. 26.3. A certificate of service shall list all
parties entitled to service or notice, and the manner in which service or notice was
accomplished on each party. Sample language for both types of certificate of
service are posted on the court’s web site at www.wvsd.uscourts.gov.
9.5 Service on Parties Not Registered for ECF
Filers are required to serve copies of any electronically filed pleading, document,
or proposed order on parties not registered for ECF in accordance with the Federal
Rules of Civil and Criminal Procedure. An electronic filer can view the NEF under
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the “Notice has been delivered by other means to:” section to determine if there are
any case participants who have not received copies via ECF noticing.
9.6 Time to Respond Under Electronic Service or Otherwise
In accordance with Rule 6(d) of the Federal Rules of Civil Procedure, effective
December 1, 2016, and Rule 45 of the Federal Rules of Criminal Procedure, when
a party may or must act within a specified time after being served and service is
made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means
consented to), three days shall be added after the period would otherwise expire
under Federal Rule 6(a). However, service by electronic means via the ECF system
under Rule 5(b)(2)(E) does not permit the addition of three days to the prescribed
period to respond.
9.7 Service of Sealed Filing
A sealed filing may or may not produce a Notice of Electronic Filing, depending
upon the event code used. Service by the filer of any sealed documents by an
alternate method is always required.
9.8 E-mail Notices to Attorneys
All attorneys of record who are e-filers will receive Notices of Electronic Filing.
An attorney whose client(s) has/have been terminated from the case will continue
to receive Notices of Electronic Filing for a case unless the attorney informs the
court that the attorney does not wish to receive further notice of additional case
filings or activities, including the final judgment. An attorney may use the Notice
of Change of Attorney Information form available on the court’s web site at
www.wvsd.uscourts.gov to terminate and reactivate electronic service.
Attorneys must comply with the requirements of Southern District of West Virginia
L. R. Civ. P. 83.4 and L. R. Cr. P. 44.4 for Termination of Representation. An
attorney who has withdrawn from a case pursuant to those requirements will no
longer receive Notices of Electronic Filing in that case.
9.9 E-mails with Notices of Electronic Filing Returned to the Court
In the event that an e-mail containing the Notice of Electronic Filing is returned to
the Court as undelivered, the Clerk’s Office will resend the e-mail only to those
ECF filers who are primary participants in the case. The Clerk’s Office does not
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monitor and will not resend bounced back e-mails to those persons who are
registered as secondary recipients in the case.
10. Motion Practice
10.1 Submission of Motions and Responses as Separate Documents
Motions and responses must be filed as separate documents. For example, a
cross-motion for summary judgment should never be combined with a response to
a motion for summary judgment. It is critical that the cross motion be filed
separately so that it can be properly linked to any subsequent responses, replies,
notices and orders.
10.2 Filing a Memorandum or Brief
A memorandum or brief shall not be filed as an attachment to the motion. The
memorandum or brief shall be a stand-alone document electronically filed as
a “Memorandum in Support”or “Brief in Support” or “Memorandum in
Opposition” or “Brief in Opposition.”
10.3 Attachments and Exhibits
This section applies to exhibits to documents being filed in CM/ECF and not to
trial exhibits. Trial exhibits may be filed electronically only to the extent
practicable.
10.3.1 Filing users must convert exhibits attached to documents to PDF unless the
court permits conventional filing.
10.3.2 When filing exhibits in support of a motion, the exhibits must be attached
to the motion, not to the memorandum in support of the motion.
11. Proposed Amended Pleadings and Documents
11.1 Proposed Amended Pleadings
When leave of court is sought for the filing of an amended pleading or document,
such as an amended complaint or a reply brief, the proposed amended document
must be electronically filed as an attachment to the motion. If the amended
complaint does not accompany the motion, counsel must contact the Clerk’s Office
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to arrange for the filing of the amended complaint after entry of an order granting
the motion.
11.2 Proposed Jury Instructions, Proposed Jury Verdicts, Proposed Special
Interrogatories to the Jury and Proposed Voir Dire Questions
Proposed jury instructions, proposed jury verdicts, proposed special interrogatories
to the jury and proposed voir dire questions shall be electronically filed via
CM/ECF. Upon request, the presiding judge may require the filing user to submit
these documents in standard word processing software via e-mail or as otherwise
directed.
11.3 Proposed Bill of Costs
The proposed bill of costs shall be filed electronically in ECF using the docket event
“Bill of Costs - Proposed.”
12. Sealed Documents, Sealed Cases and Documents Presented Ex Parte or for In Camera
Review
12.1 General
The filing of documents under seal is discouraged. In addition to these
procedures, please refer to L. R. Civ. P. 26.4. Sealed document submission falls
into two categories: (1) documents in SEALED CASES, and (2) SEALED
DOCUMENTS in public cases.
When documents are ordered to be placed under seal, the Clerk will officially
file the document.
An agreement of the parties does not allow the Clerk to file a document under
seal without a court order.
12.2 Electronic Filing of Sealed Documents and Access
Sealed documents and sealed cases will be filed in electronic format except as
otherwise provided in these procedures. Motions to seal and any accompanying
proposed documents for sealing shall be considered lodged with the court pending
a ruling on the sealing request. When a sealed document is filed, ECF may provide
a Notice of Electronic Filing to all parties or an applicable party in the case.
However, sealed documents are not available electronically or by any other means
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to the parties, attorneys or the public unless the court directs that access be given to
an attorney of record or applicable party.
12.3 Paper Copy Requirement
Paper copies of any Reference List under the E-Government Act of 2002, any
motion to seal, any response or reply to the motion to seal, any ex parte motion to
seal, any motion to seal - in camera, and any proposed sealed documents submitted
as attachments shall also be submitted to the presiding judicial officer in an
envelope prominently marked as containing “PROPOSED DOCUMENTS FOR
SEALING.”
12.4 Reference List Under E-Government Act of 2002
The Reference List required by the E-Government Act of 2002 containing the
complete list of personal data identifiers is filed automatically under seal. Please
refer to Section 20, Public Access and Privacy Concerns, of these Administrative
Procedures, for further instruction. A Notice of Electronic Filing will be generated
to all case participants upon filing of the Reference List, and the docket entry is
public even though the sealed document is not.
12.5 Sealed Cases
12.5.1 When commencing an action either under seal pursuant to statute or by
filing a motion to seal the case, the first document submitted by a party must
be submitted in paper format.
12.5.2 All subsequent documents in a sealed case shall be filed electronically
unless the party has received different instructions from the court.
12.5.3 All documents filed in a sealed case must be served in paper format. The
court’s electronic noticing will not be available for sealed documents.
Although an NEF may provide notice of a docket entry, service of the sealed
documents is not effected through ECF.
12.6 Sealed Document Filing in Public Cases
12.6.1 Motion to Seal - General
If a party wishes to file a sealed motion or a sealed document, the filing user
must file a motion to seal under the Restricted Access or Sealed Documents
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event category in CM/ECF, describe the motion or the document to be
sealed and add the sealed document as an attachment to the motion. The
filing user should exercise caution when describing the sealed motion
and any attachments as the docket text is PUBLIC even though the
images of the motion to seal and any attachments are SEALED until
the court rules on the merits of the motion to seal. A Notice of Electronic
Filing will be generated to all ECF-registered case participants upon
filing of the motion to seal containing the description the filing user
entered into the event, but the sealed document will not be available for
viewing.
12.6.2 Response or Reply to Motion to Seal
If a filing user files a sealed response or reply to the motion to seal, s/he
must file a motion to seal using the event, Motion to Seal, under the
Restricted Access or Sealed Documents event category in CM/ECF, and
attach the response or reply to the motion to seal. The docket text is public,
but the document will remain sealed until the court rules on the merits of
the motion to seal. A Notice of Electronic Filing will be generated to all
ECF-registered case participants, but the sealed document cannot be
viewed electronically by anyone with a PACER subscription.
12.6.3 Ex Parte Sealed Motion or Motion to Seal In Camera
If a party wishes to file an ex parte sealed motion in a criminal case or
submit documents for in camera review in a civil or criminal case, then the
filing user should select an Ex Parte Sealed Motion or a Motion to Seal In
Camera under the Restricted Access or Sealed events category in CM/ECF.
The motion and any attachments will be sealed and remain ex parte until
the court rules on the merits of the motion. A Notice of Electronic Filing
will NOT be generated to any case participants, and there will be no public
docket entry for this type of filing unless the court would direct otherwise.
When required by law, the court will provide public notice of the sealing
request.
12.6.4 Service of Sealed Documents
In addition to the paper copy requirement for the presiding judicial officer
outlined in Section 12.3 of these Procedures, filing users are reminded that
they must serve sealed documents in the traditional manner on counsel if
required by rule. CM/ECF will not electronically serve sealed material.
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12.6.5 Proposed Order to Seal
Any motion to seal must also include language requesting that the
corresponding order be sealed. In addition, the Proposed Order submitted
with said motion to seal shall indicate the parties upon whom the order is to
be served.
12.6.6 Motion to Seal Granted
Upon entry of an order that grants a motion to file documents under seal,
the Clerk’s Office will, unless directed otherwise, file, under seal, the
proposed documents accompanying the motion as of the date the order was
entered. If proposed documents did not accompany the motion, the Clerk’s
Office will contact the presiding judge or the filing party for the subject
documents.
12.6.7 Motion to Seal Denied
Motions to seal and any accompanying proposed documents for sealing are
considered lodged with the court pending a ruling on the sealing request.
Upon entry of an order denying a motion to seal, the Clerk’s Office will, if
so directed, file the proposed documents accompanying the motion as of the
date the order was entered; otherwise, the motion and accompanying
proposed documents will remain lodged with the court and unavailable for
public viewing.
13. Discovery
In accordance with the Local Rules, parties shall not file discovery with the court. Parties
will serve discovery on the respective parties, and file with the court only the Certificate
of Service. However, discovery materials to be used in support of any motion shall be filed
electronically with the court as an attachment to the motion pursuant to L. R. Civ. P.
26.3(a). The Certificate of Service docket event is located in CM/ECF under the category
Other Filings > Other Documents > Certificate of Service.
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14. Documents and Other Filings
14.1 Consents to Proceed Before a United States Magistrate Judge
Consents to Proceed before a United States Magistrate Judge should be e-mailed to
[email protected], except for Consents in Social Security cases.
See Section 5.2 of these Procedures for Consents in Social Security Cases.
14.2 Large Documents
14.2.1 Size
Because large documents may not upload properly to CM/ECF or download
within a reasonable amount of time for users with a 56K modem, documents
over ten megabytes will be rejected by CM/ECF. Therefore, the size limit
of each PDF document filed in ECF is ten megabytes.1
14.2.2 Large Documents to be Broken into Separate Parts
Filing users must submit PDF files that are larger than ten megabytes by
separating the large document into smaller sections, each section being no
larger than ten megabytes, by use of ECF=s attachment feature. When a
document exceeds ten megabytes, the main document shall consist of the
first ten megabytes of the document, with the remainder of the document
being filed as attachments thereto and described on the attachment screen;
e.g., “Continuation of Main Document, pages 51-100,” “Continuation of
Main Document, pages 101-150,” and so on, with each attachment not to
exceed ten megabytes. The filing user must label each part clearly when
attaching in ECF.
14.3 Color Documents
For a scanned document to be filed electronically, the scanner must be configured
at 300 ppi or higher. Documents appearing in color in their original form, such as
color photographs, may be scanned in color and then uploaded to the system.
1
To check the size of a document, hold the mouse pointer over the document’s title in the Adobe file folder.
A small menu box will appear containing the type and size of the document. Alternatively, you may open the
document and go to File > Document Properties > Description. The size is noted under PDF Information.
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14.4 Papers Containing Advertisements
Papers containing advertisements, which may be generated as a result of the use of
free or trial-run PDF conversion software, will be stricken.
14.5 Legibility
The filing party is responsible for the legibility of the scanned document.
14.6 Document Retention
Except for criminal case documents mentioned in Section 1.5.3 of these Procedures,
the filing user shall retain all documents containing original signatures of anyone
other than the filing user for a period of not less than two (2) years after all dates
for appellate review have expired.
14.7 Copies for Judge=s Chambers
When electronically filing documents, a paper courtesy copy to the presiding judge
is not required except where any motion, memorandum, response or reply, together
with documents in support thereof, is 50 pages or more in length or where any
administrative record is 75 or more pages in length, or for sealed documents as set
forth in Section 12.3 of these Procedures.
14.8 Petitions for Writs of Habeas Corpus ad Prosequendum or ad Testificandum
Upon the filing of a petition for a writ of habeas corpus ad prosequendum or ad
testificandum with an accompanying order and writ filed as two separate
attachments to the petition, the filing user is required to immediately notify the
judicial officer who will be signing the proposed order directing the Clerk to issue
the writ.
14.9 Materials that Cannot be Converted to PDF Within ECF
A filing user may submit exhibits or materials that cannot be converted to PDF
electronic form (e.g., videotape or audiotape) directly to the Clerk=s Office. Such
materials shall be submitted with a paper cover page containing the case caption, a
description of the materials, and a designation of the pleading or motion to which
the materials relate (e.g., “Videotape Deposition of John Doe, Exhibit 7 to
Plaintiff=s Motion for Summary Judgment”). The PDF version of the cover page
shall be an ECF attachment to the electronically filed pleading, motion or paper to
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which the materials relate. A paper copy of the Notice of Electronic Filing of the
ECF attachment shall also be submitted to the Clerk=s Office with the materials.
The Clerk=s Office will note in ECF its receipt of the material that cannot be
converted to a PDF within ECF with a text-only entry.
The Notices of Electronic Filing generated by the electronic filing of the cover page
and by the court’s text-only entry noting receipt of materials shall not constitute
service. The filing user must serve this type of material on all other parties.
Any discovery submitted to the Clerk=s Office under this section must also adhere
to the Local Rules of Civil Procedure regarding the non-filing of discovery
materials. See also Section 13 of these Procedures and L. R. Civ. P. 26.3.
This section is not intended to apply to oversized photographs or large paper
documents that can be reduced in size and then scanned into PDF and uploaded in
ECF.
14.10 Court Reporters’ Transcripts
(a) Filing.
(1) Reporters employed by the judiciary. Unless the court orders
otherwise, when an official court reporter employed by the judiciary
completes a transcript of a court proceeding, the reporter must
promptly file a certified copy on the court’s ECF system.
(2) Other reporters. Unless the court orders otherwise, when a court
reporter not employed by the judiciary completes a transcript of a
court proceeding, the reporter must promptly file a certified copy
with the clerk, and the clerk must then file the copy on the court’s
ECF system.
(b) Redaction Deadlines
From the date the Court Reporter or the clerk files the transcript
electronically through the court’s ECF system, the following deadlines
apply:
(1) 7-day deadline for the parties to file a Notice of Intent to Redact
from the filing date of the transcript;
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The Notice of Intent to Redact should only state the party’s intent
and not include any actual personal identifiers. If no such notice is
filed within the allotted time, the court will assume redaction of
personal data identifiers from the transcript is not required.
(2) 21-day deadline for the parties to file a Redaction Request of
personal identifiers or Motion to Redact information other than the
personal identifiers;
The Redaction Request will be filed in ECF as a restricted entry
available only to court users, case participants and persons using
public terminals in the clerk’s office.
(3) 31-day deadline for the court reporter to file a redacted transcript;
(4) 90-day deadline for public release of the transcript.
If a party fails to request redaction within the time frames, the
transcript will be made available, without redaction, at the end of the
90-day period to any registered PACER user.
(c) Redaction Without Permission from the Court
Only the following personal identifiers may be redacted without permission
from the presiding judge by Court Order:
(1) Social Security Numbers and Taxpayer-Identification Numbers;
(2) Financial Account Numbers;
(3) Names of Minor Children;
(4) Dates of Birth; and
(5) Homes Addresses of Individuals Not a Party to the Action.
(d) Post-Filing Restriction.
Unless the court orders otherwise, access to a transcript prepared by an
official court reporter and filed under L R 80.1(a) is restricted as follows:
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(1) A transcript of a sealed proceeding or filed in a sealed case must not
be made available to the public in any format unless directed by a
judge of this court.
(2) Remote electronic access to any other transcript is restricted to the
users identified in L. R. Civ. P. 80.1(d)(3) for 90 days after the
transcript is filed.
(3) Unless the court orders otherwise, during the 90 days after a
transcript is filed, only the following users may access the transcript
through the court’s ECF system:
(A) Court staff;
(B) Persons using public terminals in the clerk’s office for
inspection only, not for copying;
(C) Parties that have purchased the transcript; and
(D) Other persons — such as, for example, appellate attorneys
— as ordered by the court.
(e) Availability After 90-Day Restriction Period.
After the 90-day post-filing restriction period and after the court resolves
all pending motions related to the transcript’s availability or contents, a
transcript not subject to special restrictions under L. R. Civ. P. 80.1(d) is
available as follows unless the court orders otherwise:
(1) Unredacted transcripts. If an original transcript was not redacted,
the clerk must permit remote electronic access to the transcript
through the court’s ECF system and must permit inspection and
copying of the transcript at the clerk’s office.
(2) Redacted transcripts. If an original transcript was redacted, the clerk
must permit remote electronic access to the redacted transcript
through the court’s ECF system. Remote electronic access to the
unredacted transcript is restricted to the users identified in L R
80.1(d)(3). The clerk must permit inspection and copying of the
unredacted transcript at the clerk’s office.
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(3) Voir dire transcripts. In order to avoid the need for constant
redaction of personal identifiers for jurors, court reporters will file
the transcript for the voir dire of jurors as a separate volume. The
voir dire transcripts will have restricted access so that it is available
only to court users, case participants, the public terminals in the
Clerk’s Office, or other persons, for example, appellate attorneys, as
ordered by the Court.
(f) Transcript Fees.
(1) Payment required. Ordinarily, until a party makes the required
payment, a court reporter may decline to begin preparing a transcript
or to furnish a completed transcript. But the court may excuse a party
who has been permitted to proceed in forma pauperis from paying
for a transcript and may require the court reporter to begin preparing
a transcript or to furnish a completed transcript without payment
from the party.
(2) Fees for electronic access. A person other than a court employee
who remotely accesses a transcript through the court’s ECF system
must pay the applicable fees. A person may electronically access a
transcript at the public terminals in the clerk’s office for free.
(3) Fees for purchasing transcript from court reporter. A person may
buy a copy of a publicly available transcript from a court reporter by
paying the applicable fee.
(4) Fee schedule. The fees for transcript preparation and for transcripts
purchased from court reporters are established by the Judicial
Conference of the United States. The current fee schedule is
available from the clerk and from the official court reporters.
15. Signatures
15.1 Attorney Signatures
The attorney=s login and password shall constitute that attorney=s signature on all
electronically filed documents for purposes of the Local and Federal Rules of Civil
and Criminal Procedure, including but not limited to Rule 11 of the Federal Rules
of Civil Procedure. A pleading or other document requiring an attorney=s signature
may be scanned, or may be electronically signed in the following manner:
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“s/(attorney name).” An attorney’s signature name should correspond to the name
in which an attorney is admitted to a state bar. Example: If the State Bar admitted
name is “Judith Attorney,” the signature name should not be “Judy Attorney.” The
correct format for an attorney signature is as follows:
s/ Judith Attorney
[State] Bar Number: 12345
Attorney for (Party Names(s))
ABC Law Firm
123 South Street
Charleston, WV 25301
Telephone: (304) 123-4567
Fax: (304) 123-6789
E-mail:
[email protected]
15.2 Visiting Attorney/Local Attorney Signatures
Visiting attorneys and their local counsel, as defined in the Local Rules for the
Southern District of West Virginia, shall fully comply with these Administrative
Procedures. Local counsel shall sign all documents, including the documents
prepared by visiting attorneys regardless of whether the visiting attorney is a filing
user with a court-issued login and password.
15.3 Non-Attorney Signatures
If the original document requires the signature of a non-attorney other than a pro se
filer, the filing party or the Clerk=s Office shall scan the original document, then
electronically file it in CM/ECF. Alternatively, the filing user may convert the
document into a PDF text document and submit the document using “s/” for the
signature(s) of the non-attorney(s). The filing user shall retain all documents
containing original signatures of anyone other than the filing user for a period of
not less than two (2) years after all dates for appellate review have expired.
15.4 Multiple Signatures
The following procedure applies when a stipulation or other document (e.g., joint
motion, joint exhibit list or proposed order) requires two or more signatures:
15.4.1 The filing party or attorney shall initially confirm that the content of the
document is acceptable to all persons required to sign the document and
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shall obtain the signatures of all parties on the document. For purposes of
this rule, physical, facsimile, or electronic signatures are permitted.
15.4.2 The filing party or attorney then may file the scanned document, or shall
file the document electronically, indicating the signatories, e.g., “s/Judith
Attorney,” “s/John Smith,” etc., in the format as follows:
s/ Judith Attorney
[State] Bar Number: 12345
Attorney for (Party Names(s))
ABC Law Firm
123 South Street
Charleston, WV 25301
Telephone: (304) 123-4567
Fax: (304) 123-6789
E-mail:
[email protected]
s/ John Smith
[State] Bar Number: 12345
Attorney for (Party Names(s))
123 Law Firm
ABC Main Street
Charleston, WV 25301
Telephone: (304) 111-2222
Fax: (304) 222-3333
E-mail:
[email protected]
15.4.3 Documents that are electronically filed and require original signatures other
than that of the filing party must be maintained in paper form by the filing
party for a period of not less than two (2) years after all dates for appellate
review have expired.
15.5 Authenticity Disputes
A non-filing signatory or party who disputes the authenticity of an electronically
filed document with a non-attorney signature or the authenticity of the signature on
that document must file an objection within 10 days of receiving the Notice of
Electronic Filing, or, if a non-filing user, within 10 days of receiving the document.
Should the authenticity of the document be questioned, the presiding judge may
require the filing user to produce the original document
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16. Fees Payable to the Clerk
Any fee required for filing a pleading or other document in this court that is not paid
electronically via Pay.gov is payable to the Clerk of the Court by check, money order, cash,
or debit/credit card. The Clerk=s Office will document the receipt of fees on the docket with
an appropriate entry. The court will not maintain electronic billing or debit accounts for
lawyers or law firms.
17. Orders
17.1 Entry of Orders – General
The assigned judge or the Clerk=s Office shall electronically file all signed orders.
Upon filing, CM/ECF will send a “Notice of Electronic Filing” to all filing users in
that case. The Clerk=s Office will send a paper copy of the order to all parties not
filing electronically. Any order signed electronically has the same force and effect
as if the judge had affixed the judge=s signature to a paper copy of the order, and
the order had been entered on the docket conventionally.
17.2 Proposed Orders
17.2.1 A proposed order shall be submitted electronically to ECF as an attachment
to the motion requesting the relief to be ordered.
17.2.2 If the pr
